Utility patent applications cover the way an invention functions while design patent applications cover the way an invention looks. Many of our clients are candidates for both utility and design applications (often for the same invention). For example, one of our clients is an inventor of a percussive instrument producing cymatic effects. The invention uses water to alter the sound of the drum. We protected the function of the drum with a utility patent (US 10,621,960). Theoretically, the drum could have many different shapes and still function the same. However, the particular drum this inventor brought to market had a specific (and good looking) design. That specific design was protected with a design patent (D858,626).
Our team is often asked whether a provisional or nonprovisional patent application is the best option for a particular client. Our answer is always the same—it depends. Some of these factors include budget, timing, and goals.
After weeks of king cakes, beads, and parades, Lent has arrived. Unfortunately, this means that the Mardi Gras festivities have come to a close. However, the lawsuit filed between two local New Orleans businesses in the weeks leading up to Fat Tuesday is just getting started. For many, beer is an essential part of the celebration, and the two Bourbon Street businesses have entered a legal battle involving trademarks over the beverage. “Huge Ass Beers” has filed suit against its competitor, “Giant Ass Beer,” claiming an alleged trademark violation by using the term giant, a synonym for their trademarked word— huge.